be renewed and made part of another obligation, several into1 one, as where a sum  of money is promised in satisfaction of several debts, suits and obligations.>  2Obligations are also discharged by novation,3 as where an obligation is transferred  from one person to a second who takes the obligation upon himself. 4<For  by the interposition of a new person a new obligation arises and the first is extinguished;5  it is otherwise6 of informal undertakings to pay, as where one has  undertaken a debt due from another. If an obligation has been transferred from  one person to another who cannot be bound it is lost, as where it is transferred  from one of full age to a minor.7 A surety and a penalty may be introduced into a  novation; it may also be made subject to a condition, as if the second party pays;  if not, the first obligation to remain in force.>8 An obligation is also extinguished by  confusion,9 as where the thing has been so mixed with another that its identity  is lost; also by the destruction of a thing that is unique.1011As regards discharge,  however, note that the preceding remarks are true if it was a corporeal thing that  was comprised in the obligation; if incorporeal, as a servitude or other incorporeal  right, discharge cannot be so accomplished since an incorporeal thing does not  admit of livery. It seems, however, that it may be done [by] quasi-livery, by daily  acquiescence12 and use. And finally note that an obligation [arising ex contractu or  quasi] is extinguished in the same ways as it is contracted: an obligation effected by  delivery, if the thing is restored to the demandant; one effected by words, if a  contrary obligation is made by contrary words; one effected by a writing, as where I  have written that I owe, if the creditor writes that he has received; one effected by  consent, as where there has been mutual consent on both sides, by mutual dissent,  of both not of one alone;13 one effected by livery, where the thing delivered is redelivered;  one effected by conjoining, if the contrary is done.14
Obligations arise ex delicto or quasi.
 15Obligations also arise [ex delicto or quasi]ex maleficio or quasi from precedent  words and deeds. [Delicta and maleficia are distinguished according to the will  and intention with which they are perpetrated.16 For will and intention are the  marks of maleficia.]17Ex maleficio the major and minor18 crimes arise, as the crime  of lese-majesty, homicides, thefts and robberies, trespasses or praesumptiones, and  many others of which we will speak below. Quasi ex maleficio, as where a judge  wittingly pronounces a false judgment.19 Everything wrongfully done may be  called an injuria.20Injuriae arise ex maleficio or ex delicto, as21 trespasses. It is a  trespass when mean and measure are not observed.22 [Thus] we must consider  intention and purpose, as well as what is done or said, in order to ascertain what  action follows and what punishment.23
18. et minora: infra 290, 298, 338, 340; similarly transgressiones sive praesumptiones, from line 31
19. As supra 283; infra iii, 338: if ex certa scientia, ex maleficio; if per ignorantiam vel imperitiam, ex quasi maleficio, and so Azo, Summa Inst. 4.5, no. 1. But infra iv, 280: if ex certa scientia bound to restore damages to injured party; if per imperitiam, not liable. Cf. Schulz in Seminar, ii, 47